Development

In landowner's hybrid article 78 proceeding challenging the Building Administrator's denial of landowner's site plan, the town appealed from Supreme Court's grant of the petition. The Appellate Division affirmed, holding that the Building Administrator had no authority to make site plan determinations.

In 2012, landowner submitted a site plan for regrading, installation of drainage, installing a retaining wall, concrete paving, and landscaping on landowner's pre-existing nonconforming auto salvage facility. The planning department and the building department jointly determined that the site plan contained only de minimis alterations and was exempt from site plan review. The following year, landowner submitted an amended site plan reflecting additional as built improvements. After the planning board held a public hearing on the amended site plan, the town commenced an action for a judgment declaring that landowners had illegally changed the existing use into a recycling operation. The town building administrator then informed landowner that the proposed use of the site was clearly not allowed, and denied the site plan application, informing landowners that they could appeal to the town's zoning board of appeals. Landowner then commenced this proceeding to review that determination, and for declaratory relief. Supreme Court granted the petition and remitted to the planning board. The town appealed.